The Burden to Establish Petitions for Writs of Certiorari (“Cert”)

What is a petition for a writ of certiorari (or “cert,” for short)? A petition for a writ of cert is when a petitioner wants to appeal a non-final order (e.g., an interlocutory order that does not finally dispose of the dispute such as a final adverse judgment against the petitioner) issued by the trial court when there is no direct right to appeal that non-final order. In order for an appellate court to entertain a petition for a writ of cert, the petitioner MUST establish that (a) the trial court departed from the essential requirements of the law and (b) this...

24 December

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Abuse of Discretion Standard of Review for Trial Court Granting or Denying New Trial

Posted by David Adelstein

in Appeal, Standard of Review

Previously, I discussed the de novo appellate standard of review relating to a summary judgment. Now, I’d like to discuss the appellate standard of review when a trial judge grants or denies a motion for a new trial. This means there was a trial. There was a presumed winner and there was a presumed loser. The presumed loser, by way of example, moved for a new trial with the trial court and that motion was either (a) granted by the trial court prompting the presumed winner to appeal the trial court’s granting of a new trial, or (b) denied by the...